No. 97

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Thursday, December 3, 2015.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present Garcia—present LaFontaine—present Price—present

Banks—present Garrett—present Lane—present Pscholka—present

Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present

Bizon—present Geiss—present LaVoy—present Roberts, B.—present

Brinks—present Glardon—present Leonard—present Roberts, S.—present

Brunner—present Glenn—present Leutheuser—present Robinson—present

Bumstead—present Goike—present Liberati—present Runestad—present

Byrd—present Graves—present Love—present Rutledge—present

Callton—present Greig—present Lucido—present Santana—excused

Canfield—present Greimel—present Lyons—present Schor—present

Chang—present Guerra—present Maturen—present Sheppard—present

Chatfield—present Heise—present McBroom—present Singh—present

Chirkun—present Hoadley—present McCready—present Smiley—present

Clemente—present Hooker—present Miller, A.—present Somerville—present

Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present

Cole—present Howrylak—present Moss—present Tedder—present

Cotter—present Hughes—present Muxlow—excused Theis—present

Cox—present Iden—present Neeley—present Townsend—present

Crawford—present Inman—present Nesbitt—present Vaupel—present

Darany—present Irwin—present Outman—present VerHeulen—present

Dianda—present Jacobsen—present Pagan—present Victory—present

Driskell—present Jenkins—present Pagel—present Webber—present

Durhal—present Johnson—present Pettalia—present Wittenberg—present

Faris—present Kelly—present Phelps—present Yanez—present

Farrington—present Kesto—present Plawecki—present Yonker—present

Forlini—present Kivela—excused Poleski—present Zemke—present

Franz—present Kosowski—present Potvin—present

e/d/s = entered during session

Rev. Fr. James O. Berends, Proistamenos of Holy Trinity Greek Orthodox Church in Grand Rapids, offered the following invocation:

“‘O God, our help in ages past our hope for years to come.’

‘The busy Tribes of Flesh and Blood with all their lives and cares.’

At a time when we can easily be divided by our alliances, allegiances, agenda our ethnicity, experience, or even our education it takes wisdom and above all Your guidance to set aside our own bias and seek the common good.

We ask that You be ‘our Guard while troubles last.’ and give wisdom to those who give of their experience, their expertise and their time working to unite us through the process of governance.

We as a people have failed to support those granted civil authority over us. We pray, ‘For our state, the Governor and all those in Public Service.’

At this time of year when we gather with our loved ones for the holidays and Holy Days we are reminded to be thankful for all that we have been given.

And though potentially lost in the flurry of personal economic activity, help us to maintain that child-like sense of anticipation for the coming of the season in which we are reminded of the great gift You gave to us, the One who offers us ‘Peace on Earth, Goodwill to All.’

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Singh moved that Reps. Kivela and Santana be excused from today’s session.

The motion prevailed.

Rep. Garcia moved that Rep. Muxlow be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Glenn, Heise, Hooker, Hovey-Wright, Howrylak, LaVoy, Sarah Roberts and Schor offered the following resolution:

House Resolution No. 192.

A resolution to declare December 7, 2015, as Pearl Harbor Remembrance Day in the state of Michigan.

Whereas, On the morning of December 7, 1941, without warning, the United States of America was attacked at Pearl Harbor by the air and naval forces of the empire of Japan, in which 2,403 people perished, with 1,177 forever being entombed in the bowels of the U.S.S. Arizona. In addition to the casualties another 1,100 were wounded and our nation was suddenly plunged into World War II; and

Whereas, On December 7, 2015, with utmost respect and grateful appreciation, we memorialize those brave Americans who lost their lives 74 years ago. We also honor all veterans who have fought and put themselves in harm’s way to preserve our freedom and liberty; and

Whereas, Today, December 7, 2015, we remember anew and fresh with heartfelt gratitude the citizens of Michigan who answered the call of their country to battlefields in both the Asian and European theaters, men and women who for love of country left their safe, comfortable lives to preserve the wonderful ideals of this country, the United States of America; and

Whereas, The attack at Pearl Harbor stoked the American will and spirit with a resolve that would propel us to victory and that freedom and liberty would still ring throughout this great nation. The attack of December 7, 1941, will never be forgotten. May this resolution serve not only as a symbol of American freedom and liberty, but also as a new call to all Americans to do their utmost in memorializing and honoring all who fought by conscientiously demonstrating a genuine love of all that America embodies; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare December 7, 2015, as Pearl Harbor Remembrance Day in the state of Michigan.

The question being on the adoption of the resolution,

Rep. Glenn moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 192.

A resolution to declare December 7, 2015, as Pearl Harbor Remembrance Day in the state of Michigan.

Whereas, On the morning of December 7, 1941, without warning, the United States of America was attacked at Pearl Harbor by the air and naval forces of the empire of Japan, in which more than 2,400 people perished, with many forever being entombed in the bowels of the U.S.S. Arizona. In addition to the casualties over 1,100 were wounded and our nation was suddenly plunged into World War II; and

Whereas, on December 7, 2015, we remember anew and fresh with heartfelt gratitude the citizens of Michigan who answered the call of their country to battlefields in both the Asian and European theaters, men and women who for love of country left their safe, comfortable lives to preserve the wonderful ideals of this country, the United States of America; and

Resolved by the House of Representatives, That the members of this legislative body declare December 7, 2015, as Pearl Harbor Remembrance Day in the state of Michigan.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hooker, Goike, Franz, Theis, Johnson, Aaron Miller, Chatfield, Somerville, Glenn and Runestad offered the following concurrent resolution:

House Concurrent Resolution No. 17.

A concurrent resolution to express the sense of the Michigan Legislature that the United States Supreme Court’s decision in Obergefell v. Hodges is illegitimate and to urge the Governor and all executive officers in the state of Michigan to uphold their oaths of office and not recognize or enforce the decision.

Whereas, The Declaration of Independence declares, “Governments are instituted among Men, deriving their just powers from the consent of the governed…”; and

Whereas, The people of the United States established the United States Constitution as the rule of law for the nation, expressly granting limited powers to the legislative, executive, and judicial branches of the United States government; and

Whereas, On June 26, 2015, the United States Supreme Court ruled in Obergefell v. Hodges that, under the Fourteenth Amendment to the United States Constitution, same-sex couples may exercise the “fundamental right” to marry in all states and state laws are invalid to the extent they exclude same-sex couples from marriage on the same terms as accorded to couples of the opposite sex; and

Whereas, The Supreme Court’s decision purportedly amends the constitutional law of the nation by adding a new liberty: the fundamental right of “personal identity.” Article V of the United States Constitution expressly provides specific politically accountable processes as the only means for amending the Constitution, including adding new liberties or fundamental rights. Neither Article III, nor any other delegated power in the United States Constitution, authorizes the federal judiciary, including politically unaccountable Supreme Court justices, to amend the Constitution; and

Whereas, The Supreme Court’s decision is an act of will, not judgment. The American people only delegated to the federal judiciary very limited power to decide certain disputes. As stated in Federalist No. 78, the Constitution authorizes courts to exercise “neither force nor will but merely judgment.” The right announced in the majority decision has no basis in the Constitution or the Supreme Court’s precedent; and

Whereas, The Supreme Court’s decision neglects the restrained conception of the judicial role, seizing for itself a question the Constitution leaves to the people, at a time when the people are engaged in a vibrant debate on that question. The decision is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government. The Supreme Court is not a legislature. Courts do not substitute their social and economic beliefs for the judgment of legislative bodies, who are elected to pass laws; and

Whereas, The Supreme Court’s decision usurps the constitutional right of the people to decide whether to keep or alter the traditional understanding of marriage. The United States Constitution itself says nothing about marriage, and the Framers thereby entrusted the states with the whole subject of the domestic relations of husband and wife. The Tenth Amendment to the United States Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

Whereas, The Supreme Court’s decision, imposed by five justices politically accountable to no one, forces the states of the United States of America to surrender their sovereignty to the federal judiciary, thereby holding that the ruler of 320 million Americans coast-to-coast is a majority of the nine lawyers on the United States Supreme Court. If a bare majority of justices can invent a new right and impose that right on the rest of the country, the only real limit on what future majorities will be able to do is their own sense of what those with political power and cultural influence are willing to tolerate; and

Whereas, The majority’s approach has no basis in principle or tradition, except for the unprincipled tradition of judicial policymaking that characterized discredited decisions such as Lochner v. New York; and

Whereas, The majority’s inversion of the original meaning of liberty will likely cause collateral damage to other aspects of our constitutional order that protect liberty; and

Whereas, It is the duty of elected officials to uphold the Constitution, even in the face of extra-constitutional United States Supreme Court decisions. Under Article XI, Section 1 of the state constitution, all Michigan legislative, executive, and judicial officers, solemnly swear (or affirm) to support the state constitution and the Constitution of the United States; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Michigan Legislature that the United States Supreme Court’s decision in Obergefell v. Hodges is illegitimate because the five justice majority, in reaching its decision, acted without constitutional authority and unconstitutionally usurped power expressly reserved by the United States Constitution to the states and the people; and be it further

Resolved, That under these circumstances, it is the duty of the politically accountable branches of the federal and state governments to preserve and protect constitutional governance under the rule of law; and be it further

Resolved, That we urge the Governor and all executive officers in the state of Michigan to uphold their oaths of office and re-claim this state’s sovereignty by not recognizing or enforcing the United States Supreme Court’s Obergefell decision as a rule of law; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan, the Michigan Attorney General, the Michigan Secretary of State, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Government Operations.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4059, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.

(The bill was received from the Senate on December 1, with substitute (S-8), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 95, p. 2050.)

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

Rep. Nesbitt moved to amend the Senate substitute (S-8) as follows:

1. Amend page 9, following line 4, by striking out all of subsection (11) and inserting:

“(11) SUBSECTION (1) DOES NOT APPLY TO A RETIRANT WHO IS A FORMER TEACHER OR ADMINISTRATOR WHO RETIRES AFTER JUNE 30, 2010 AND ON OR BEFORE OCTOBER 1, 2014, WHO FOLLOWING A BONA FIDE TERMINATION, INCLUDING NOT WORKING IN THE MONTH OF HIS OR HER RETIREMENT EFFECTIVE DATE, BECOMES EMPLOYED IN A TEACHING OR RESEARCH CAPACITY OR IN A PROGRAM-DEPARTMENT DIRECTION CAPACITY BY A UNIVERSITY THAT IS CONSIDERED A REPORTING UNIT FOR THE LIMITED PURPOSE DESCRIBED IN SECTION 7(3). A RETIRANT DESCRIBED IN THIS SUBSECTION IS NOT ELIGIBLE TO USE ANY SERVICE OR COMPENSATION ATTRIBUTABLE TO THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION FOR RECOMPUTATION OF HIS OR HER RETIREMENT ALLOWANCE. THE REPORTING UNIT AT WHICH THE RETIRANT PROVIDES THE SERVICES DESCRIBED IN THIS SUBSECTION SHALL PAY 100% OF THE CONTRIBUTION RATES FOR THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR RETIREE HEALTH CARE AND THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR PENSION TO THE RETIREMENT SYSTEM FOR THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION. THE REPORTING UNIT SHALL REPORT THE EMPLOYMENT OF A RETIRANT AS DESCRIBED IN THIS SUBSECTION TO THE RETIREMENT SYSTEM BY JULY 1 OF EACH YEAR. THE REPORTING UNIT SHALL INCLUDE IN THE REPORT THE NAME OF THE RETIRANT, THE CAPACITY IN WHICH THE RETIRANT IS EMPLOYED, AND THE TOTAL ANNUAL COMPENSATION PAID TO THE RETIRANT.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

The substitute (S-8), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 442 Yeas—102

Afendoulis Franz LaFontaine Potvin

Banks Garcia Lane Price

Barrett Garrett Lauwers Pscholka

Bizon Gay-Dagnogo LaVoy Rendon

Brinks Geiss Leonard Roberts, B.

Brunner Glardon Leutheuser Roberts, S.

Bumstead Glenn Liberati Runestad

Byrd Goike Love Rutledge

Callton Graves Lucido Schor

Canfield Greig Lyons Sheppard

Chang Greimel Maturen Singh

Chatfield Guerra McBroom Smiley

Chirkun Heise McCready Somerville

Clemente Hoadley Miller, A. Talabi

Cochran Hooker Miller, D. Tedder

Cole Hovey-Wright Moss Theis

Cotter Hughes Neeley Townsend

Cox Iden Nesbitt Vaupel

Crawford Inman Outman VerHeulen

Darany Irwin Pagan Victory

Dianda Jacobsen Pagel Webber

Driskell Jenkins Pettalia Wittenberg

Durhal Johnson Phelps Yanez

Faris Kelly Plawecki Yonker

Farrington Kesto Poleski Zemke

Forlini Kosowski

Nays—2

Howrylak Robinson

In The Chair: Leonard

The House agreed to the full title.

Third Reading of Bills

House Bill No. 4095, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 443 Yeas—103

Afendoulis Franz Kosowski Potvin

Banks Garcia LaFontaine Price

Barrett Garrett Lane Pscholka

Bizon Gay-Dagnogo Lauwers Rendon

Brinks Geiss LaVoy Roberts, B.

Brunner Glardon Leonard Roberts, S.

Bumstead Glenn Leutheuser Runestad

Byrd Goike Liberati Rutledge

Callton Graves Love Schor

Canfield Greig Lucido Sheppard

Chang Greimel Lyons Singh

Chatfield Guerra Maturen Smiley

Chirkun Heise McBroom Somerville

Clemente Hoadley McCready Talabi

Cochran Hooker Miller, A. Tedder

Cole Hovey-Wright Miller, D. Theis

Cotter Howrylak Moss Townsend

Cox Hughes Neeley Vaupel

Crawford Iden Nesbitt VerHeulen

Darany Inman Outman Victory

Dianda Irwin Pagan Webber

Driskell Jacobsen Pagel Wittenberg

Durhal Jenkins Pettalia Yanez

Faris Johnson Phelps Yonker

Farrington Kelly Plawecki Zemke

Forlini Kesto Poleski

Nays—1

Robinson

In The Chair: Leonard

The question being on agreeing to the title of the bill,

Rep. Garcia moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4598, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16326 and part 171.

The bill was read a third time.

The question being on the passage of the bill,

Rep. McBroom moved to amend the bill as follows:

1. Amend page 8, following line 15, by inserting:

“SEC. 17110. A HEALTH CARE PROVIDER IS NOT LIABLE FOR AN INJURY RESULTING FROM AN ACT OR OMISSION BY A MIDWIFE WHO IS LICENSED UNDER THIS PART, EVEN IF THE HEALTH CARE PROVIDER HAS CONSULTED WITH OR ACCEPTED A REFERRAL FROM THE LICENSED MIDWIFE. AS USED IN THIS SECTION, “HEALTH CARE PROVIDER” MEANS AN INDIVIDUAL WHO IS LICENSED OR REGISTERED UNDER THIS ARTICLE.”.

2. Amend page 11, line 22, after “OBTAINED.” by inserting “THE PROCESS ESTABLISHED FOR OBTAINING INFORMED CONSENT SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING:

(i) A REQUIREMENT THAT AT AN INITIAL CONSULTATION BETWEEN A MIDWIFE AND A CLIENT, THE MIDWIFE MUST PROVIDE A COPY OF THE RULES PROMULGATED BY THE DEPARTMENT UNDER THIS SECTION.

(ii) A REQUIREMENT THAT AT AN INITIAL CONSULTATION BETWEEN A MIDWIFE AND A CLIENT, THE MIDWIFE MUST ORALLY AND IN WRITING DISCLOSE WHETHER THE MIDWIFE HAS MALPRACTICE LIABILITY INSURANCE COVERAGE AND, IF SO, THE POLICY LIMITATIONS OF THAT COVERAGE.”.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 444 Yeas—79

Banks Garcia LaFontaine Pscholka

Barrett Garrett LaVoy Rendon

Brinks Gay-Dagnogo Leonard Roberts, B.

Brunner Geiss Leutheuser Roberts, S.

Bumstead Glardon Love Robinson

Byrd Goike Lyons Rutledge

Chang Greig Maturen Schor

Chirkun Greimel McBroom Sheppard

Clemente Guerra Miller, A. Singh

Cochran Heise Miller, D. Smiley

Cole Hoadley Moss Somerville

Cotter Hovey-Wright Outman Talabi

Crawford Howrylak Pagan Townsend

Darany Hughes Pagel Vaupel

Dianda Iden Pettalia Victory

Driskell Inman Phelps Webber

Durhal Irwin Plawecki Wittenberg

Farrington Jacobsen Poleski Yanez

Forlini Jenkins Potvin Zemke

Franz Johnson Price

Nays—25

Afendoulis Glenn Lane Nesbitt

Bizon Graves Lauwers Runestad

Callton Hooker Liberati Tedder

Canfield Kelly Lucido Theis

Chatfield Kesto McCready VerHeulen

Cox Kosowski Neeley Yonker

Faris

In The Chair: Leonard

The question being on agreeing to the title of the bill,

Rep. Garcia moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16192 and 16201 (MCL 333.16192 and 333.16201), section 16192 as amended by 2013 PA 268 and section 16201 as amended by 1988 PA 462, and by adding section 16326 and part 171.

The motion prevailed.

The House agreed to the title as amended.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Yonker moved that his name be removed as co‑sponsor of the bill.

The motion prevailed.

House Bill No. 4408, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 445 Yeas—95

Banks Garrett Lauwers Pscholka

Barrett Gay-Dagnogo LaVoy Rendon

Bizon Geiss Leonard Roberts, B.

Brinks Glardon Liberati Roberts, S.

Brunner Graves Love Robinson

Bumstead Greig Lucido Runestad

Byrd Greimel Lyons Rutledge

Callton Guerra Maturen Schor

Canfield Heise McBroom Sheppard

Chang Hoadley McCready Singh

Chirkun Hooker Miller, A. Smiley

Clemente Hovey-Wright Miller, D. Talabi

Cochran Howrylak Moss Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Driskell Jacobsen Pagel Victory

Durhal Jenkins Pettalia Webber

Faris Johnson Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kosowski Poleski Yonker

Franz LaFontaine Potvin Zemke

Garcia Lane Price

Nays—9

Afendoulis Dianda Goike Leutheuser

Chatfield Glenn Kelly Somerville

Cole

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4999, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 446 Yeas—99

Afendoulis Garcia Lauwers Pscholka

Banks Gay-Dagnogo LaVoy Rendon

Barrett Geiss Leonard Roberts, B.

Bizon Glardon Leutheuser Roberts, S.

Brinks Glenn Liberati Robinson

Brunner Graves Love Runestad

Bumstead Greig Lucido Rutledge

Byrd Guerra Lyons Schor

Callton Heise Maturen Sheppard

Canfield Hoadley McBroom Singh

Chang Hooker McCready Smiley

Chirkun Hovey-Wright Miller, A. Somerville

Clemente Howrylak Miller, D. Talabi

Cochran Hughes Moss Tedder

Cole Iden Neeley Theis

Cotter Inman Nesbitt Townsend

Cox Irwin Outman Vaupel

Crawford Jacobsen Pagan VerHeulen

Darany Jenkins Pagel Victory

Driskell Johnson Pettalia Webber

Durhal Kelly Phelps Wittenberg

Faris Kesto Plawecki Yanez

Farrington Kosowski Poleski Yonker

Forlini LaFontaine Potvin Zemke

Franz Lane Price

Nays—5

Chatfield Garrett Goike Greimel

Dianda

In The Chair: Leonard

The question being on agreeing to the title of the bill,

Rep. Garcia moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525.

The motion prevailed.

The House agreed to the title as amended.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4747, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 447 Yeas—90

Afendoulis Garcia LaFontaine Potvin

Banks Garrett Lane Price

Barrett Gay-Dagnogo Lauwers Pscholka

Bizon Geiss LaVoy Rendon

Brinks Glardon Leonard Roberts, B.

Brunner Graves Leutheuser Roberts, S.

Bumstead Greig Liberati Runestad

Byrd Greimel Love Rutledge

Callton Guerra Lucido Schor

Canfield Heise Lyons Sheppard

Chang Hoadley Maturen Singh

Chirkun Hooker McCready Smiley

Clemente Hovey-Wright Miller, D. Talabi

Cochran Howrylak Moss Townsend

Cotter Hughes Neeley Vaupel

Cox Iden Nesbitt VerHeulen

Crawford Inman Outman Victory

Darany Irwin Pagan Webber

Driskell Jacobsen Pagel Wittenberg

Durhal Jenkins Phelps Yanez

Faris Johnson Plawecki Yonker

Farrington Kesto Poleski Zemke

Forlini Kosowski

Nays—14

Chatfield Glenn Miller, A. Somerville

Cole Goike Pettalia Tedder

Dianda Kelly Robinson Theis

Franz McBroom

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Theis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Adverse possession should be eliminated altogether rather than providing specific protection for government and not also individual property owners.”

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Cox to the Chair.

Second Reading of Bills

Senate Bill No. 151, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212.

The bill was read a second time.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 400, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 401, entitled

A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74.

The bill was read a second time.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 402, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59.

The bill was read a second time.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 529, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Lucido moved to amend the bill as follows:

1. Amend page 7, following line 6, by inserting:

“(4) PAYMENT OF GUARDIAN ASSISTANCE SHALL NOT BE MADE TO A SUCCESSOR GUARDIAN UNTIL THE COURT APPOINTS A SUCCESSOR GUARDIAN. IF THE SUCCESSOR GUARDIAN BEGAN CARING FOR THE CHILD BEFORE THE COURT APPOINTS THE SUCCESSOR GUARDIAN, GUARDIANSHIP ASSISTANCE PAYMENTS CAN BE MADE RETROACTIVELY TO EITHER THE DATE OF DEATH OF THE RELATIVE GUARDIAN, THE DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, OR THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF THE CHILD, WHICHEVER IS LATER.” and renumbering the remaining subsection.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 530, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Garcia moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4990, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4991, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4992, entitled

A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4993, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4994, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

Rep. Garcia moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

______

Associate Speaker Pro Tempore Cox called Associate Speaker Pro Tempore Franz to the Chair.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 2:

Senate Bill Nos. 629 630 631 632 633

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 3:

House Bill Nos. 5106 5107 5108

The Clerk announced that the following Senate bills had been received on Thursday, December 3:

Senate Bill Nos. 418 425 426 612 613 614 616 617 618

Reports of Standing Committees

The Committee on Insurance, by Rep. Leonard, Chair, reported

Senate Bill No. 177, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Derek Miller and Wittenberg

Nays: None

The Committee on Insurance, by Rep. Leonard, Chair, reported

Senate Bill No. 178, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Derek Miller and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Leonard, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, December 3, 2015

Present: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Derek Miller and Wittenberg

Absent: Rep. Kosowski

Excused: Rep. Kosowski

The Committee on Workforce and Talent Development, by Rep. Johnson, Chair, reported

House Bill No. 4552, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden and Brett Roberts

Nays: Reps. Brinks, Townsend, Geiss, Greig, Liberati and Love

The Committee on Workforce and Talent Development, by Rep. Johnson, Chair, reported

House Bill No. 4813, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden and Brett Roberts

Nays: Reps. Brinks, Townsend, Geiss, Greig, Liberati and Love

The Committee on Workforce and Talent Development, by Rep. Johnson, Chair, reported

Senate Bill No. 500, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden and Brett Roberts

Nays: Reps. Brinks, Townsend, Geiss, Greig and Liberati

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Workforce and Talent Development, was received and read:

Meeting held on: Thursday, December 3, 2015

Present: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts, Brinks, Townsend, Geiss, Greig, Liberati and Love

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:

Meeting held on: Thursday, December 3, 2015

Present: Reps. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Brinks, Schor, Chang and Greig

Absent: Rep. Santana

Excused: Rep. Santana

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Thursday, December 3, 2015

Present: Reps. Barrett, Hughes, Glardon, Hooker, Outman, Glenn, Rutledge, Talabi and Kosowski

Messages from the Senate

Senate Bill No. 418, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.